SMART seeks federal permit to do track work through Marin wetlands

The Sonoma-Marin Area Rail Transit District is seeking a permit from a key federal agency to begin track work in September through sensitive wetlands in Marin.

Because the project involves building near and over waterways, such as Gallinas Creek in San Rafael, SMART must receive a permit from the U.S. Army Corps of Engineers. The federal agency has opened a public comment period that continues through July 7.

"We are interested in any substantive comments the public may have," said Bryan Matsumoto, permit manager for the Army Corps.

SMART got into hot water last October when it tore up track along Gallinas Creek without getting the proper permit. SMART officials believed that because they were pulling track out it did not constitute construction, but have since acknowledged they didn't follow rules.

That work was done in areas where the federally endangered clapper rail and salt marsh harvest mouse are known to exist, officials said.

The SMART permit request to the Army Corps seeks to upgrade about 18 miles of old track along with bridges, grade crossings and culverts from San Rafael to Petaluma. Work would take three years, according to the permit request.

The work would result in the loss of 1.9 acres of wetlands and waterways that the Army Corps oversees, and would temporarily affect 5.9 acres, mainly from SMART's draining of creeks during construction.

SMART has proposed to restore an equal area of wetlands that it affects in its work. In addition, to compensate for the salt marshes that would be affected, SMART will pay into a fund to restore San Francisco Bay wetlands.

Federally listed green sturgeon, coho salmon, steelhead trout, red-legged frogs, clapper rails and salt marsh harvest mice are present in the project location. Federal as well as state wildlife officials will be consulted to develop a plan to protect the species before a permit is issued.

"When SMART did its (environmental impact report) we looked at the wetlands and mitigations," said Judy Arnold, SMART board president and Marin County supervisor. "We are confident that we will not harm the wetlands."

But Barbara Salzman, president of Marin Audubon, has concerns.

"They don't talk specifically about how they will mitigate, it's all very vague," said Salzman, who plans to write to the Army Corps. "There are not enough specifics. Places like Gallinas Creek have a lot of endangered species. This project goes right through wetlands. The original railroad was built on the edge of the bay."

Marin rail stops eventually will include downtown San Rafael, the Marin Civic Center and stations in Novato at Hamilton and Atherton Avenue. The first phase is pegged at $360 million. The line will extend to Larkspur as part of a second phase if money can be found. Voters helped fund the train by approving a quarter-cent sales tax in 2008.

Written comments may be sent to Bryan Matsumoto, San Francisco District, Regulatory Division, 1455 Market St., 16th Floor, San Francisco 94103-1398.